Organization: UN Human Settlements Program
Country: Democratic Republic of the Congo
Closing date:
05 Dec 2014Download PDF Version
VACANCY ANNOUNCEMENT
Issued on:24 November 2014
ORGANIZATIONAL LOCATION: UN-Habitat
DUTY STATION: Goma, DRC with travel within Provinces
FUNCTIONAL TITLE: Consultant Land Expert to support Baseline Study
DURATION: 60 Days over a period of 3 months (December, January, February 2015)
CLOSING DATE: 5 December 2014
BACKGROUND
The eastern provinces of the Democratic Republic of Congo (DRC) have been affected by decades of civil war and political unrest with huge impact on human security, social stability, transformation and development. Since 1994, the country has been experiencing a succession of armed conflicts, resulting in major human casualty and massive displacement of more than 4 million people, both internally and in neighboring countries. The International Community has expressed concern regarding the protracted conflict and instability in DRC Congo in general terms. The cycles of violence are in part caused by the lack of an efficient governance system. The state has been unable to deliver basic services, to provide community members with physical security and to implement good-governance principles based on values such as participation, inclusiveness and local accountability. These shortcomings are particularly visible in the natural resources sector, especially in the land, forest and mining sectors, where communities are requesting more transparency, accountability and protection to ensure their social and economic development. Competition for accessing land and natural resources for ordinary citizens has become a major concern in DRC, and crucially so in the provinces of Eastern DRC. Competition over access to land has become an avenue for community divergence, political, social and economic manipulation.
Access to and control over land is one of the root causes of inter and intra-communityl conflict unrest in Eastern DR Congo The various waves of Banyarwanda migration are key to understanding the underlying causes of the conflicts in the Kivu region (North Kivu, South Kivu). The social relationship between migrants, largely from Rwanda, and local communities composed of Hunde and Nande, was historically based on negotiations for access to land and other natural resources (pasture, water). Unfortunately, political agendas developed by successive governments have significantly altered the historic uneasy social relations between Tutsi, Hutu, Hunde and Nande in North Kivu, between Hema and Lendu in Ituri, and between Banyamulenge and Barundi in Ruzizi (South Kivu);
Ethnicity and identity, access to land, control over people and participation in political processes are all interwoven. The Land Law of 1973 (art 80) prescribes citizenship as a pre-requisite for obtaining a perpetual concession. This principle has challenged the right to access land for migrant populations in the Kivu areas. More recently, in 2012 the Agricultural Code reiterates to some extent when it states that investment corporations require a majority Congolese shareholding for accessing industrial agricultural concessions. The application of this nationalist concept has contributed to create a fertile ground for land conflict in Eastern DR Congo, with families and individuals who originated from neighboring countries facing a risk of exclusion. The strong connection between identity and land rights has resulted in power struggle between Congolese communities and Kinyarwanda communities. The ongoing struggle of groups known as Banyamulenge for their own territory in South Kivu has prevented the development of the local authority’s ability to regulate land access and management.
Addressing land issues in a post-conflict situation is beyond doubt part of any approach to recovery. Many challenges arise in a post-conflict situation, particularly the restoration of key institutions (administrative, judiciary, political). The absence of functional state institutions is an obstacle that prevents good land governance, including providing access and securing rights for the poor and creating an appropriate environment for economic and social recovery. As a result, obtaining tenure security has become increasingly challenging for everyone, including small and large landholders and investors. Therefore, the restoration of State authority in this post-conflict context should also include building a sound land management system. Since 2012, the GoDRC is undertaking a land reform process to better manage land disputes as well as to build a sound land governance system to prevent these conflicts. A major challenge here is to close the gap between the formal, documented and statutory provisions and the informal but locally legitimate customary rules and regulations.
- Current interventions in the land sector
In this complex multi-layered context, the challenge is to efficiently deal with the huge number of land disputes against a background of a failing or absent judiciary system. UN-Habitat project evidence shows that more than 80% of the conflict cases referred to court are land and property related . From 2009 to 2013, UNHABITAT identified more than 4,618 land disputes in the provinces of North Kivu, South Kivu, Ituri within the land mediation program (Source: UN-Habitat Database on Land Disputes). Weak institutional capacity, conditional service provision, high real and opportunity costs, incompetence, are all factors contributing to land conflicts remaining unsolved. Court magistrates judge on the basis of the contents of a legal framework that is hardly used by a large majority of proponents. Most judges are alien to local customary systems, which in fact regulate most of local informal mechanisms to manage land and settle dispute. With the abolishment of customary courts some years ago, and their replacement by Peace Tribunals, the state has also cut significantly in the proximity of justice. It has substituted the consensual outcome of conciliation and mediation by judgment, resulting in losers and winners, and consequently ill acceptance of the results of these judgments.
As a response to the inability of courts to manage land conflicts, local and international NGOs are developing alternative disputes resolution mechanisms to deal with land disputes. Mediation is currently the most widely used approach, being tested by several partners. To sustainably address land disputes, it is critical that the root causes are tackled alongside the mitigation of the consequences of the disputes themselves (community dialogue, studies on customary land tenure, and pilot project on securing community land rights).
The lack of judiciary involvement in the mediation process also remains a major challenge. Alternative dispute resolution is often badly perceived by the judges who fear a substitution of their tribunal by mediators. A policy goal would be to harmonize alternative disputes resolution mechanisms with court proceedings while sensitizing judges on alternatives disputes resolution mechanisms to expedite pending land issues before court. The ongoing land reform process is an opportunity to explore the feasibility of such an approach in the post-conflict context of DR Congo.
Since 2009, UN-Habitat is intervening in the land sector under the overall umbrella of the International Stabilization, Security Support Strategy (ISSSS) framework. One of the major objectives of the UN-habitat land program is to manage land disputes at the community level to reinforce social cohesion and promote an enabling environment for peace, reconciliation and economic recovery. The program has moved from its initial settings of addressing conflicts to support the overall land governance system from local to national levels so that the root causes are addressed. This has translated in capacity building for land administrations, promoting dialogue around land issues at different levels of government, support to the land reform process and cooperation with the National Minister of Land Affairs.
In September 2014, UN-Habitat signed an agreement with DFID for a 3 program in DRC with the ultimate goal of addressing root causes of land disputes for peace and stability in the DRC. The program is a reflection from an overall strategic approach that UN-Habitat has developed as an integrated land program for the period 2013-17. This program is conceived from past experiences in DRC, and is linked to the ISSSS strategic plan to create harmony and complementarities with various interventions taking place in the stabilization frameworks (ISSSS/ STAREC). The DFID funded program is designed around the following pillars: i) Build the capacity of local entities to better deal with land disputes; ii) Create a sound conditions for return of refugees and IDP’s; iii) Support to the land administration; and iv) Support to the land reform process in Kinshasa and provinces.
Geographically and in line with the I4S program, the intervention will cover the following provinces: North Kivu, South Kivu, Oriental Provinces and Kinshasa The program will be managed from Goma (North Kivu) and create strong linkages with the various offices in Kinshasa and the provinces.
The ISSSS developed a strategic approach to support the stabilization process in Eastern DRC in liaison with the STAREC. The new strategy is focusing on addressing root causes of instability in Eastern DRC among which community land disputes. Curving community conflict revolving around land and identity it’s fundamental for the ISSSS and joint actions with other actors are encouraged to comprehensively deal with source of conflict at the community level (agriculture, food security, recovery, state authority restoration). For a better coordination of interventions, the Stabilization Unit (under the umbrella of MoNUSCO) has developed a logical framework to track progress and change in the stabilization process. The ongoing UN-habitat land program is also aligned to strategic documents developed by the ISSSS (Strategy, M&E, Operationalization framework).
RESPONSIBILITIES
The overall objective of the consultancy is to support the process of developing a monitoring and evaluation strategy and robust monitoring framework to:
- Track progress on meeting the overall goal, outcomes and specific objectives of the land program
- Inform and improve evidence based real time decision making at different levels including the DfID land project management (to adjust program strategies and activities when required), and the land reform process through the CONAREF at national and provincial level
- Measure impact of the program against a number of variables to be identified in close cooperation with the donor and streamlined with the overall I4S strategy.
- Identify and track potential risks and assumptions for the achievement of the program outcomes and impact
Specific tasks to be addressed include the following:
1. **Design a monitoring and evaluation strategy and monitoring framework**
Identify the objectives for monitoring and evaluation and how these will be achieved. which must include at least M&E on:
progress (performance) and impact of program,
specific processes that are implemented and facilitated by the program including land conflict resolution, land coordination activities, land administration functioning and tasks, land reform process
integration of women to the program
Assess and rate potential approaches for an evaluation that will test and clarify the programme’s theory of change and seeks to understand whether the assumptions made in the programme hold true, or whether they need to be refined.
Identify M&E tools required to deliver the M&E objectives such as the program´s logic framework, information databases, specific research, surveys, others.
Assess the structure and contents of the existing database on land conflicts and make recommendations for an eventual restructuring, improved data capture, sharing of data with other actors, making data publicly available, all in function of the identified objectives for M&E
Identify capacity needs, staff and institutional responsibilities, recruitment needs for the UN-H program
Agree on the reporting of M&E results
Agree on mid term review and final evaluation
2. **Review the logic framework of the program**
- Clearly define the overall goal, the outcomes and the specific objectives (or outputs) of the land program ensuring they reflect the aspirations of the programme.
- Identify quantitative and qualitative indicators to measure progress of program activities
- Identify the needs and possibilities for data disaggregation, especially in relation to marginalized groups, including women, IDPs, returnees, children, different ethnic groups
- Identify data sources, collection methodologies (including timeframes) and responsibilities that are articulated in the logframe to measure progress
- Set periodic targets and milestones for assessing progress on the basis of the baseline, in close cooperation with the donor and government instances at national and provincial level
- Identify quantitative and qualitative indicators to measure impact of the program on a series of processes to be defined
- Identify data sources, collection methodologies, responsibilities, that are articulated in the logframe to measure impact
3. Design a baseline survey to support the delivery of the monitoring and evaluation framework, especially measuring program performance and impact.
- Reconfirm the nature of primary and secondary data sources to establish the baseline values of the indicators, data collection methodologies, data location, methods of analysis as indicated in the logframe
- Development of a field methodology to collect the data, including sampling strategy
- Identification of treatment and control groups
- Development and testing of questionnaires
- Identification of implementing partners
- Identifying and training enumerators
- Pre-testing the adopted methodology
- Implementation
- Reporting
Methodology
The consultant is expected to propose a relevant methodology to carry out the study contained in a work plan. Methodology should detail tools, approaches to be used.
The consultant will work closely with a Monitoring and Evaluation specialist. He is also encouraged to work with local organizations having experience on M&E.
The approach should be participatory as much possible and involve a variety of actors and stakeholders, mainly:
- Desk review related to existing data and documentation (reports, data bases…)
- Field visits in 4 provinces (North Kivu, South Kivu, Ituri and Kinshasa) for data collection.
- Working session with donors, UAS team and UN-habitat teams in various provinces.
- Consultation with beneficiaries and key resources persons including the provincial and national authorities, land administration, traditional authorities.
- Organize focus groups and workshops for the presentation of the findings.
As UN-Habitat will be working with local partners, the mission will also cover some local NGO in North Kivu, North Kivu and Bunia. Also due to the land reform process led by government, the Ministries concerned with land at both national and provincial levels are part of the study.
Complementary documents can be sent to the applicants upon request (strategy, action plan, ISSSS M&E framework.
Expected accomplishments
- An M&E strategy and monitoring framework for the land program containing a revised logical framework and defining roles and responsibilities, methodology of data collection, keys indicators for outcomes, inputs and impacts; targets, assumption and schedule.
- A report containing the proposed methodology for the baseline study.
- A report containing the baseline for each indicators and highlighting risks, challenges and constraints.
COMPETENCIES
Professionalism: Demonstrates professional competence and mastery of subject matter. Good research, analytical and problem-solving skills. Conscientious and efficient in meeting commitments, observing deadlines and achieving results.
Communication: Excellent and effective written and oral skills. Ability to present information in a concise and accurate manner, proven ability for preparing comprehensive documents and reports.
Teamwork: Works collaboratively with colleagues to achieve organizational goals. Solicits input by valuing others ideas and expertise and is willing to learn from others.
Planning & Organizing: Proven ability to plan, coordinate and monitor own work and that of others. Ability to work under pressure and uses time efficiently. Identifies priority activities and assignments, adjust priorities as required.
EDUCATION
Advanced academic degree in reconstruction, development strategies, public policy and reform, social sciences, conflict transformation, local governance, or similar relevant fields.
WORK EXPERIENCE
Extensive monitoring and evaluation experience of stabilization strategies and programme, especially participatory approaches and institutional capacity development in post-conflict settings. The consultant should have proven experience on land policy and institutional reform, and land disputes resolution in post conflict settings.
Recent and relevant experience from working in developing countries is highly appreciated and Experience in the Great Lakes Region an asset.
LANGUAGE SKILLS
Excellent English spoken and written in English and French;
OTHER SKILLS
- Familiarity with UN-Habitat’s mandate and understanding of UN-Habitat’s role in humanitarian and development oriented interventions.
- Specialized knowledge of projects or programmes in the field of the recovery and reconstruction. Relevant experience of other major humanitarian and development agencies or programmes, in particular in relation to programmes on land and property issues is an asset.
- Integrity, sound judgment, analytical skills, networking and interpersonal skills, and proven report writing skills.
DURATION
The duration of the assignment is 60 days over a period of 3 months. The expected starting date is 15th of December 2015.
REMUNERATION
Payments will be based on deliverables over the consultancy period. There are set remuneration rates for consultancies. The rate is determined by functions performed and experience of the consultant. The fees will be paid as per agreement.
How to apply:Applications should include:
- Cover memo (maximum 1 page)
- Summary CV (maximum 2 pages), indicating the following information:
- Educational Background (incl. dates);
- Professional Experience (assignments, tasks, achievements, duration by years/ months);
- Other Experience and Expertise (e.g. internships/ voluntary work, etc.);
- Expertise and preferences regarding location of potential assignments;
- Expectations regarding remuneration.
All applications should be submitted to:
Oumar Sylla
UN-Habitat, Regional Office for Africa
Email: oumar.sylla@unhabitat.org
Please be advised that since April 15th 2010, applicants for consultancies must be part of the UN-Habitat e-Roster in order for their application to be considered. You can reach the e-Roster through the following link: http://e-roster.unhabitat.org
Deadline for applications: 5TH December 2014
UN-HABITAT does not charge a fee at any stage of the recruitment process. If you have any questions concerning persons or companies claiming to be recruiting on behalf of these offices and requesting the payment of a fee, please contact: recruitment@unon.org
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